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NAME OF COUNSEL AND OR ORGANIZATIOr-.'	ADDRESS A ND OR ORGAl'ilZATIO?\l  OF COlJ NSt;l.

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JSSUfS	A67. 10	INDEX r-<UMBER	A94.05

l	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR  REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATI ON
4	BRIEF OF PERSONNEL FI LE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARJ.'lG DATE	CASE t\'UMBER

21 J ul 2005	FD-2005-00136
APPP!::ANT'_S:l'$	':B9AR£)1:$ DECISIONAL RATIOAl;, l)ISf U_SSED 0'.1 THE ATTAC}lED AJR;'FOJ { E_-Ol_SCHARGE'REYIEW'B'0AlliYDECf$ 10NAL _ A:Tl-ONALE  -

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

Names and votes will be made available to the applicant at the applicant's request.

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SAF/l\1RBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE  REVIEW BOARD
550 C STREET WEST,  SUITE 40	1535 COMMAND DR, EE WING, JRD FLOOR
RANDOLPH  AFB, TX 781 504742	ANDREWS AFB, MD !0762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition 'Nill be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00136	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge is denied.

The Board finds that neither the evidence of record nor that provided by the  applicant  substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUE: Applicant contends discharge was inequitable because it was too harsh considering his service accomplishments. The records indicated the applicant received an Article 15 for attempting to develop  a personal relationship with a trainee withi n the same training  organization.  In  addition,  he  received  one Letter of Reprimand, one Letter of Counseling, and two Memorandums for Record for various acts of misconduct. The  ORB opined that through these  administrative  actions,  the  applicant  had  ample opportunities to change his negative behavior. The Board concluded the misconduct  was  a  significant departure from conduct expected of all military members. The characterization of the discharge received by the applicant was found to be appropriate. Applicant states that his discharge did not take into account the good things he did while in the service. The ORB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct offset  any  positive  aspects of the  applicant's  duty performance. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process.

In view of the foregoing findings the Board further concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief